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STATE SUPREME COURT DENIES REVIEW On June 16, the state Supreme Court denied review in Howard Jarvis Taxpayers Association v. City of Fresno. The case involved a city of Fresno ordinance that required each municipal utility to pay into the city's general fund a yearly fee "in lieu of property and other taxes normally placed upon private business." In 2002, the city expected to generate approximately $8.6 million from these in lieu fees paid by the municipal utilities. The amount paid by each utility was passed through to its customers. In January 2003, a lawsuit was filed against Fresno, alleging that the in lieu fees were pre- empted by state law and that they violated various state constitutional prDvisions and statutes. The Fifth District Court of Appeal agreed. In its deci- sion, the court held that: . Water. sewer and trash fees are subject to Proposition 218; . Proposition 218's requirements have applied to such fees since July 1, 1997, regardless whether such fees have been "extended, imposed or increased" since then; and . Utility fees may include the cost of providing municipal services to public utilities, such as the cost of repairing streets impacted by wear and tear of utility vehicle traffic. By denying review, the decision by the Fifth District Court of Appeal stands. For more information on this case, please see "Are Utility Fees Subject to Proposition 218?" by Michael Colantuono in the May 2005 editiDn of Western City. Çj( -J LAWSUIT CHALLENGING PARCEL TAX TOSSED Several lawsuits are currently underway in California that challenge parcel tax elections. On June 17, a Santa Clara County judge dismissed one such action. The lawsuit challenged the election on the basis that it did not permit non- resident property owners to vote on the parcel tax, even though they would have to pay it. The lawsuit was dismissed on the grounds that the plaintiff failed to "properly publish papers in a certain format and in a timely manner." The judge did not address the underlying merits of the case. It is believed that a similar lawsuit filed against the Mountain View-Whisman Elementary School District will be dismissed on the same grounds. The League is monitoring these various cases and has filed a friend-of-the-court brief in an appellate court case that raises similar issues. In Neilsen v. City of California City, an out-of-town property owner filed a lawsuit challenging a parcel tax election that limited the voting electorate to parties residing within the precincts in California City. The brief was written on behalf ofthe League by Michael Colantuono. LOOKING FOR CALIFORNIA'S BEST TO FILL A POSITION IN YOUR CITY? Western City magazine's job opportunity section is the source for job seekers looking for positions in local government. According to our reader survey, the job opportunity section is the best read section of our magazine! When you place an ad in Western City magazine, it will be posted at no additional charge on our website, which receives over 80,000 hits per month. Call to place your recruitment ad today! We Have What You Need (800) 262-1801 or visit our website at VNNI.westemcity.com Visit the League's Official Websitenwww.cacities.org PRIORITY FOCUS/PAGE 3 '_""'M'-r"'-"